The legal framework governing employment in California applies to both traditional and remote work arrangements. The key laws for remote workers to know are as follows.
If you believe your rights have been violated, consider consulting with a Los Angeles employment lawyer for personalized advice on your case.
Minimum Wage and Overtime
Remote employees in California are entitled to the same minimum wage and overtime protections as on-site employees. As of January 1, 2024, the minimum wage in California is $16 per hour for all employers (California Labor Code § 1182.12).
Remote employees must be paid overtime for hours worked beyond eight in a day or 40 in a week, at one and a half times their regular rate of pay. For hours worked beyond 12 in a day, the rate increases to double the regular rate of pay (California Labor Code § 510).
Meal and Rest Breaks
Remote employees are entitled to a 30-minute meal break for every five hours worked. Employers must ensure that remote employees take these breaks and accurately record them (California Labor Code § 512).
Employees are also entitled to a paid 10-minute rest break for every four hours worked, or a major fraction thereof. Rest breaks should be provided in the middle of the work period, if possible (California Industrial Welfare Commission (IWC) Wage Orders).
Expense Reimbursement
California Labor Code Section 2802 requires employers to reimburse employees for all necessary expenses incurred in the course of their work. For remote employees, this can include costs such as:
- Internet and phone bills
- Computer equipment and peripherals
- Office supplies
- Ergonomic furniture
Reasonable Reimbursement
Employers must provide reasonable reimbursement for these expenses. While there is no specific formula, employers should establish clear policies on expense reimbursement and communicate them to remote employees.
Workplace Safety
Employers are responsible for ensuring that remote work environments are safe and healthy. This includes providing guidance on ergonomic workstations, appropriate lighting, and safe electrical setups (California Labor Code § 6401).
Workers’ Compensation
Remote employees are eligible for workers’ compensation benefits if they are injured while performing work-related duties at home. Employers should establish clear guidelines for reporting and addressing work-related injuries (California Labor Code § 3600).
Anti-Discrimination and Harassment
The Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment in the workplace based on:
- Race
- Color
- Religion
- Sex
- Gender identity
- Gender expression
- Sexual orientation
- Marital status
- National origin
- Ancestry
- Disability
- Medical condition
- Genetic information
- Military or veteran status
- Age (over 40)
(California Government Code § 12940)
Harassment Protection
Employers must provide a workplace free from harassment, including remote work environments. This includes taking steps to prevent and address any harassment that occurs. Employees should report harassment to their employer, who is obligated to investigate and take appropriate action (California Government Code § 12940(j)). For more advice, speak to a Los Angeles harassment lawyer.
Reasonable Accommodations
Disability Accommodations
Employers are required to provide reasonable accommodations to remote employees with disabilities. This includes modifications to the work environment or job duties that enable the employee to perform the essential functions of their job (California Government Code § 12940(m)).
Pregnancy and Lactation Accommodations
Pregnant employees and new mothers working remotely are entitled to reasonable accommodations, including more frequent rest breaks, modified work duties, and lactation breaks (California Labor Code § 1030-1034).
Paid Sick Leave
All California employees, including remote workers, are entitled to paid sick leave. Employees accrue one hour of paid sick leave for every 30 hours worked, starting from their first day of employment. Employers can limit the use of paid sick leave to 24 hours or three days per year (California Labor Code § 246).
Qualifying Reasons for Sick Leave
Paid sick leave can be used for the diagnosis, care, or treatment of an existing health condition, or for preventive care for the employee or a family member. It can also be used if the employee is a victim of domestic violence, sexual assault, or stalking (California Labor Code § 245.5).
Family and Medical Leave
The California Family Rights Act (CFRA) provides eligible remote employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. This includes the birth or adoption of a child, caring for a family member with a serious health condition, or the employee’s own serious health condition (California Government Code § 12945.2).
Paid Family Leave (PFL)
California’s PFL program provides up to eight weeks of partial wage replacement benefits to employees who take time off to care for a seriously ill family member or to bond with a new child. PFL does not provide job protection, but it can be used in conjunction with CFRA or FMLA leave (California Unemployment Insurance Code § 3301-3303).
Wage Theft Protections
California has strong laws against wage theft, which occurs when employers fail to pay employees the wages they are owed. This includes not paying for all hours worked, not paying overtime, or making illegal deductions from pay (California Labor Code § 558, 1194, 1197.1).
Recourse for Employees
Remote employees who believe they have been victims of wage theft can file a claim with the California Labor Commissioner’s Office. The Labor Commissioner can investigate and order the employer to pay any unpaid wages, penalties, and interest (California Labor Code § 98 et seq.).
Whistleblower Protections
Protection from Retaliation
California law protects remote employees from retaliation when they report violations of law or refuse to engage in illegal activities (California Labor Code § 1102.5).
Filing a Complaint
Remote employees who experience retaliation for whistleblowing can file a complaint with the California Labor Commissioner or the Civil Rights Department (CRD) (California Labor Code § 98.6).
Final Paychecks
Timing of Final Paychecks
When a remote employee is terminated, their final paycheck must be provided immediately. If an employee resigns, their final paycheck must be provided within 72 hours, or immediately if they have given at least 72 hours’ notice (California Labor Code § 201-202).
Contents of Final Paychecks
The final paycheck must include all wages owed, including unpaid overtime, accrued vacation, and any other earned compensation (California Labor Code § 203).
Tips for Remote Employees
Know Your Rights
Understanding your rights can help you advocate for yourself and ensure fair treatment.
Document Everything
Keep detailed records of your work hours, breaks, and any communications with your employer about your employment conditions. This documentation can be crucial if you need to file a complaint.
Communicate with Your Employer
Open and regular communication with your employer can help address any issues promptly and effectively. Don’t hesitate to discuss your needs and concerns with your supervisor or HR department.
Seek Legal Advice
Contacting an employment attorney can be beneficial if you suspect a violation of your rights. They can offer guidance, advocate for you in legal matters, and assist in seeking compensation or other remedies.